Texas Drug Possession Laws: Criminal Charges and Penalties

Penalties for Drug Possession in Texas

Whether you are charged with felony possession or misdemeanor possession depends on the penalty group and the weight or amount of the drug.

Possession of Controlled Substance

(Penalty Groups 1 and 2 (e.g. cocaine, methamphetamine, heroin — illegal / prohibited substances))

Possession of Controlled Substance – Legislative Punishment Ranges

(Penalty Group 1A)

Possession of Controlled Substance – Legislative Punishment Ranges

(Penalty Groups 3, 4)

Additional Penalties

• The Texas Tax Code, in addition to the criminal penalties for drug possession, also sets potential civil penalties. Although the statute is not often used in minor possession cases, the code requires that taxes must be paid on illegal drugs, so that "dealers" who possess over certain amounts can be charged with tax evasion.
• The state of Texas can also suspend your driver's license for up to six months following a conviction on any violation of the Texas Controlled Substances Act.
• The Code of Criminal Procedure also allows law enforcement to seize any property used or intended to be used in the commission of a drug felony. This means they can take your car, your home, or any other belonging where you are accused of carrying or hiding drugs. The asset forfeiture law is a civil action, not criminal, and you don't have to be convicted for the state to try and take your property.

As you can see, the drug possession penalties are complicated, and depend on the classification of the substance and the quantity. Things get even more complicated if you have a prior drug conviction and are facing a 2nd or 3rd offense drug possession charge. Please call to speak with one of our attorneys to determine what penalties you may be facing if convicted, and how we can help fight the charge.What is defined as illegal drug paraphernalia?

Any item that can be used as a drug processing, packaging, or consumption mechanism can be defined as paraphernalia under 481.002 (17) of the Texas Controlled Substances Act. Even common household items such as scales, spoons, bowls, envelopes, or bags can land you an illegal possession of paraphernalia charge. The most common paraphernalia charges result from pipes and bongs. Simple possession of drug paraphernalia is a Class C Misdemeanor, which carries a penalty of fines up to $500. Distribution or possession with intent to distribute or sell drug paraphernalia is a Class A misdemeanor, which can result in up to a year in jail. Second offense penalties will result in mandatory jail time, or if you sell to someone under 18 years old.

Will I have to go to jail on my drug possession criminal charge?

The punishment largely depends on the amount of drugs involved and your previous conviction history, but it's very possible you may not have to serve time for a drug possession conviction if it's your first offense for a relatively small amount. State possession law allows counties to set up diversion programs for people charged with crimes involving the use or possession of drugs, including marijuana. The state health code also requires any county with a population of more than 200,000 to establish a drug court program to send some drug offenders to treatment instead of jail. Judges are required to give probation, or community supervision, in some drug possession cases.

The Texas Code of Criminal Procedure makes community supervision and mandatory drug treatment programs a sentencing requirement for people convicted of possessing:

• Less than 1 gram of drugs such as cocaine or meth
• Less than 5 units of drugs such as LSD
• Less than 1 gram of drugs such as ecstasy (MMDA) or PCP
• Less than one pound of marijuana

The judge does not have to sentence you to probation if you have been convicted of a previous felony, or if you have violated an earlier probation sentence. In these cases, it is up to the judge whether you go to jail or get probation. The judge also can sentence you to serve three to six months in jail before starting probation. But remember, the state must first prove the criminal charge of drug possession before you can be sentenced. To do that, the prosecutor must show that police found the drugs on you or in your control after a legal search.

If we can show the officers did not have probable cause, your consent, or a search warrant, we may be able to challenge the legality of the search that turned up those drugs and get the evidence suppressed, keeping the state from making its case against you. As you can see, drug possession cases get complicated very quickly. Please contact us for a consultation on your Texas drug possession charge, and we'll walk your through the facts of your case, and your legal best defense options.

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If you have been charged with marijuana or drug / controlled substance possession, you want a Denton County drug arrest lawyer who is ready to stand up for your rights right now.